United States v. Berkeley Heartlab, Inc. (Lawyers Weekly No. 002-169-17, 7 pp.) (Richard Mark Gergel, J.) 9:14-cv-00230; D.S.C. Holding: Defendants’ proposed expert – a lawyer who didn’t review documents which advised defendants that the “processing and handling fees” they were ...

Tagged with: anti-kickback statute Expert Witness

In sports, it’s called an assist. The player with the ball or puck isn’t quite in the right position to score, so they pass it off to a teammate to make the shot. The point wouldn’t happen at all unless ...

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Lee Dryden Dolan Media Newswires Expert witnesses should be vigorously vetted, involved in cases early and have a knack for testifying before a judge and jury. In a nutshell, lawyers need to do their homework when selecting experts or they ...

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BOSTON – Preparing experts as witnesses is always a challenge because they are not always open to advice. They are experts, after all, and experts are accustomed to giving advice, not taking it. But I have seen some really bad ...

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Estate of Ravenell v. Pugmill Systems, Inc. (Lawyers Weekly No. 002-250-14, 23 pp.) (Patrick Michael Duffy, J.) 2:13-cv-00815; D.S.C. Holding: A civil engineer, who lacks training or experience in the area of design or safety of asphalt plants, pugmills, or ...

Tagged with: Expert Witness Products Liability

Way v. State (Lawyers Weekly No. 010-127-14, 9 pp.) (Donald Beatty, J.) (Costa Pleicones, J., concurring in the result only) Appealed from Charleston County Circuit Court (Deadra Jefferson, J.) On writ of certiorari to the Court of Appeals. S.C. S. ...

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A lawyer-turned-ophthalmologist who has become a regular fixture in South Carolina’s appellate courts will not be able to bring a malpractice claim against her former attorneys, the state’s Supreme Court ruled June 4. In the same ruling the court also ...

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Morris v. Dorma Automatics, Inc. After failing to timely name an expert witness, plaintiff also failed to produce sufficient documentary evidence to show the defendants’ automatic doors had a manufacturing defect. Plaintiff’s documentary evidence consisted of repair orders, which were not specific enough to show they related to the same problem that plaintiff had identified as the cause of her injury.

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State v. Tapp Even though the trial court should have ruled on expert testimony’s reliability, the court’s failure to do so was harmless error since the expert did not testify about the facts critical to the jury’s decision.

Tagged with: Criminal Practice Evidence Expert Witness Harmless Error

Tort reform and the stagnating economy have taken a toll on the expert business, though not necessarily to the extent some might expect. “With tort reform hitting hard in a lot of states, we’re seeing a big push towards mass tort work by the plaintiff’s bar,” said Eric Eckhardt, head of development and sales for Pennsylvania-based Robson Forensics. “So for example, if plaintiff’s lawyers can’t try a case effectively in Texas, they’re moving towards trying cases nationally. They’re networking with other plaintiff’s lawyers to get the payout.”

Tagged with: Expert Witness Tort Reform